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HomeMy WebLinkAboutORD 1578 (2026)_____________________ Ordinance No. 1578 Page 1 of 12 ORDINANCE NO. 1578 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 9 (LAND USE) OF THE TUSTIN CITY CODE (CODE AMENDMENT 2026-0001) TO PROVIDE FOR THE DEVELOPMENT OF ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN COMPLIANCE WITH NEW STATE LAWS The City Council of the City of Tustin, California does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That Chapter 2 of Article 9 of the Tustin City Code (“TCC”) establishes allowable uses, definitions, and development standards for properties within all zoning districts in the City, including regulations pertaining to Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”). B. That Code Amendment (“CA”) 2026-0001 updates the City’s ADU and JADU regulations to incorporate recent State-mandated changes, including revised development standards, parking requirements, permit procedures, statutory references, and provisions related to the number and types of ADUs permitted on residential properties, ensuring that the City’s regulations remain consistent with current State law. C. That on June 9, 2026, a public hearing was duly noticed, called, and held by the Planning Commission on CA 2026-0001. D. That on July 21, 2026, a public hearing was duly noticed, called, and held on CA 2026-0001 by the City Council. E. That the code amendments provide clarity and consistency within the TCC and ensure compliance with State law. F. That the proposed amendments comply with the Tustin General Plan and are consistent with the following goal and policy: Land Use Element Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances, and other City ordinances, regulations and standards. Docusign Envelope ID: 14840D49-38A7-8FE6-827D-B191E0B73C32 _____________________ Ordinance No. 1578 Page 2 of 12 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 2. Table 1 of Subsection (g) of Section 9263 of Part 6 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: Land Use Type Parking Spaces Required ADUs One (1) space per unit or bedroom, whichever is less, in addition to that required for the primary dwelling. Off-street parking spaces are not required to be replaced when an existing garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU. Required open parking spaces may be permitted in side or rear setback areas, or through tandem parking on a driveway, unless specific findings are made by the Director that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety concerns. Off-street parking is not required in the following instances: i. The ADU is located within one-half mile walking distance of public transit, including transit stations and bus stations; ii. The ADU is located within an architecturally and historically significant historic district including without limitation the Cultural Resource District; iii. The ADU is part of the proposed or existing primary residence or existing accessory structure (i.e., a Converted ADU); iv. When on-street parking permits are required but not offered to the occupant of the ADU; v. When there is a car share vehicle located within one block of the ADU; and/or vi. When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in Subsections (i) through (v) above. Docusign Envelope ID: 14840D49-38A7-8FE6-827D-B191E0B73C32 _____________________ Ordinance No. 1578 Page 3 of 12 JADUs No additional off-street parking is required for a JADU beyond that required at the time the existing primary dwelling was constructed. SECTION 3. Subsections (D)(1) through (5) of Section 9279 of Part 7 of Chapter 2 of Article 9 of the TCC are hereby amended to read as follows: D. ADU Requirements. 1. Legal Lot/Residence/Dwelling. An ADU shall only be allowed on a lot that contains a proposed or legally developed existing single-family residence or multi-family dwelling. 2. An ADU shall be either: (a) Attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an attached accessory structure; or (b) Detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling , including in detached garages. 3. Number of ADU Units Per Lot. (a) Single Family Lots. For lots with a proposed or existing single- family dwelling. i. One attached or converted ADU, and one JADU shall be permitted on the lot; and ii. One detached, new construction ADU that does not exceed four-foot side and rear setbacks. (b) Multi-family Lots. i. For lots with an existing multi-family dwelling: 1. Converted ADUs. One or more-converted ADUs may be constructed within portions of existing multi-family dwelling structures that are not used as livable space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. No Docusign Envelope ID: 14840D49-38A7-8FE6-827D-B191E0B73C32 _____________________ Ordinance No. 1578 Page 4 of 12 converted ADUs may be constructed within the existing livable space of a multi-family dwelling. The number of ADUs permitted under this Subsection shall not exceed twenty -five (25) percent of the existing multiple-family dwelling units on the lot. For the purpose of calculating the number of allowable ADUs: (a) previously approved ADUs shall not count towards the existing number of multi-family dwelling units; and (b) fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) converted ADU shall be allowed; and/ 2. Detached ADUs. Not more than eight (8) detached ADUs may be constructed on a lot with an existing multi-family dwelling provided the number of detached ADUs shall not exceed the number of existing units on the lot. ii. For lots with a proposed multi-family dwelling: 1. Detached ADUs. Not more than two (2) detached ADUs may be constructed on a lot with a proposed multi-family dwelling. (c) This Subsection (D) establishes the maximum number of ADU and JADU units allowable per lot in the City including any Statewide Exemption ADUs approved pursuant to Subsection (G)(7). 4. Unit Size and Height. (a) Maximum Size. i. Attached ADUs. The total floor area of an attached ADU shall not exceed the following: 1. Studio or One (1) bedroom: 850 square feet of interior livable space, or (ii) fifty (50) percent of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 1,700 square feet, an attached ADU may have a total floor area of up to 850 square feet. 2. Two (2) or more bedrooms: Docusign Envelope ID: 14840D49-38A7-8FE6-827D-B191E0B73C32 _____________________ Ordinance No. 1578 Page 5 of 12 1,200 square feet of interior livable space, or (ii) fifty (50) percent of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 2,400 square feet, an attached ADU may have a total floor area of up to 1,200 square feet. ii. Detached ADUs. The total floor area of a detached ADU shall not exceed the following: 1. Studio or One (1) bedroom: 850 square feet of interior livable space. 2. Two (2) or more bedrooms: 1,200 square feet of interior livable space. iii. Converted ADUs. The maximum size limitations set forth in this Subsection do not apply to converted ADUs that do not increase the existing floor area of a structure. In addition, a converted ADU created within an existing accessory structure may include a n expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure to the extent necessary to accommodate ingress and egress. (b) Minimum Size. The total floor area of an ADU shall be at least 150 square feet. (c) Height. i. Except as provided below, the height of a detached ADU on a lot with an existing or proposed single-family or a single-story multi-family dwelling unit shall not exceed sixteen (16) feet. ii. The height of a detached ADU located on a lot with an existing or proposed single-family or multi- family dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code shall not exceed eighteen (18) feet. However, an additional two (2) feet of height, for a maximum of twenty (20) feet, is allowed when necessary to align the roof pitch on the ADU to the roof pitch of the primary dwelling. Docusign Envelope ID: 14840D49-38A7-8FE6-827D-B191E0B73C32 _____________________ Ordinance No. 1578 Page 6 of 12 iii. The height of a detached ADU on a lot with an existing or proposed multi-family, multi-story dwelling shall not exceed eighteen (18) feet. iv. The height of an attached ADU shall not exceed the height limitation of the zoning district applicable to the primary dwelling or twenty-five (25) feet, whichever is lower. In no event shall any such ADU exceed two (2) stories. 5. Applicability of Development Standards. Except as otherwise modified by this Section or as otherwise provided by State Law, an ADU must conform to the development standards applicable to the lot on which it is located as set forth in this Article. Notwithstanding the foregoing, when the application of a development standard related to, lot coverage, floor area ratio, open-space, front setbacks, or minimum lot size would prohibit the construction of an attached or detached ADU of at least 800 square feet of interior livable space and with four- foot side and rear setbacks, such standard shall be waived to the extent necessary to allow construction of an ADU of up to 800 square feet. SECTION 4. Subsection (D)(11) of Section 9279 of Part 7 of Chapter 2 of Article 9 of the TCC is hereby deleted in its entirety. SECTION 5. Subsection (E)(8)(a) of Section 9279 of Part 7 of Chapter 2 of Article 9 of the TCC is hereby deleted in its entirety, with existing (b)-(f) relabeled (a)-(e) accordingly. SECTION 6. Subsection (F)(1) of Section 9279 of Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: 1. No Separate Conveyance. Except as otherwise provided in Government Code Section 66341 or by other applicable law, an ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence, and a lot shall not be subdivided in any manner which would authorize such separate sale or ownership. SECTION 7. Subsection (F)(3) of Section 9279 of Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: 3. Owner Occupancy Requirements. (a) ADUs. Owner occupancy of either the primary dwelling or ADU is not required. (b) JADUs. If the JADU has shared sanitation facilities with the existing structure, the property owner of the lot upon which a JADU is located must occupy either the JADU or the primary residence as his or Docusign Envelope ID: 14840D49-38A7-8FE6-827D-B191E0B73C32 _____________________ Ordinance No. 1578 Page 7 of 12 her domicile. Owner occupancy shall not be required if the JADU has separate sanitation facilities. SECTION 8. Subsection (F)(4) of Section 9279 of Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: 4. Historic Properties. An ADU or JADU shall not cause a substantial adverse change, as defined in California Public Resources Code Section 5020.1, in the significance of any real property that is listed in the California Register of Historic Places or the City of Tustin Historical Resources Survey. (a) Windows, Doors and Character Defining Features for Historic Properties Converted ADU. Windows, doors and character -defining features for historic properties that are original to the structure are required to be retained, unless this requirement prevents cr eation of the ADU. (b) Separate Access. An ADU shall provide separate exterior access from the existing primary residence. Entry doors cannot be on the same facade as the entry door of the primary residence, unless this requirement prevents creation of the ADU. (c) Site Planning - Detached ADU (new construction ADU). A detached ADU shall be located behind the rear building line of the primary residence, and shall not exceed the height or gross square feet of the primary residence SECTION 9. Subsection (G) of Section 9279 of Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: G. Permit Application and Review Procedures. 1. Building Permit Required. A building permit is required prior to construction of an ADU or JADU. Except as otherwise provided in this Section or by State Law, all building, fire, and related code requirements applicable to habitable dwellings apply to ADUs and JADUs. (a) Fire sprinklers shall not be required if they are not required for the primary dwelling. (b) However, if the same primary dwelling undergoes significant remodeling and is required to have fire sprinklers, any ADU created with or after the remodel must likewise install fire sprinklers. (c) For ADUs created on lots with multi-family residential structures, the entire residential structure shall serve as the "primary residence" for the purposes of this analysis. Therefore, if the multi-family Docusign Envelope ID: 14840D49-38A7-8FE6-827D-B191E0B73C32 _____________________ Ordinance No. 1578 Page 8 of 12 structure is served by fire sprinklers, fire sprinklers shall be required for the ADU. 2. Application. Prior to the issuance of a building permit for an ADU or JADU, the applicant shall submit a building permit application to the City, along with all information and materials prescribed by such application. The City shall determine whether the application is complete and provide written notice of this determination to the applicant in accordance with Government Code § 66317(a)(2). No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees. 3. Review. The Director shall consider and approve or disapprove a complete application for an ADU or JADU without discretionary review or public hearing within the time prescribed by law. Review is limited to whether the proposed ADU or JADU complies with the requirements of this Section. If an applicant requests a delay, the time period for the City to review of an application shall be tolled for the period of the requested delay. If the application to create an ADU or a JADU unit is submitted with an application to create a new single -family dwelling on the lot, the Director may delay acting on the application f or the ADU or the JADU until the City acts on the application to create the new single-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. 4. Appeals. If a permit application for a JADU or ADU is determined to be incomplete under Subsection (2) or denied under Subsection (3) above, an applicant may appeal the decision to the Planning Commission in accordance with the procedures outlined in Section 9294. The Planning Commission shall provide a final written determination by not later than sixty (60) business days after receipt of the applicant's written appeal. The Planning Commission's decisions on such appeals shall be final. 5. Zoning Conformity. The City shall not require, as a condition of approval of a permit application for the creation of an ADU or JADU, the correction of non-conforming zoning conditions. 6. Demolition Permits. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued at the same time. 7. Statewide Exemption ADU and Conformity with State Law. The City shall not apply any requirement or development standard provided for in this Section to an ADU or a JADU to the extent prohibited by any provision of State Law, including, but not limited to, Government Code Section 66323. Statewide exemption ADUs shall be approved ministerially and are not subject to the standards set forth in Government Code §§ 66314-66322. For example, and without limitation, Statewide exemption ADUs do not have to comply with Docusign Envelope ID: 14840D49-38A7-8FE6-827D-B191E0B73C32 _____________________ Ordinance No. 1578 Page 9 of 12 Subsection (D)(4)(a)(iii) size limits for new construction detached ADUs; Subsection (D)(6)(a) front yard setback requirements, Subsection (D)(6)(b) side and rear setback requirements; Subsection (F)(4) standards for historic properties; or Table 1 of Section 9263(g) off street parking requirements. Section 10. Subsection (J) of Section 9279 of Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: J. Interpretation. The provisions of this Section shall be interpreted to be consistent with the provisions of Government Code Section s 66310 et seq. and shall be applied in a manner consistent with State Law. Section 11. New Subsection (K) is added to Section 9279 of Part 7 of Chapter 2 of Article 9 of the TCC to read as follows: K. Unpermitted ADUs. 1. The City shall not deny a permit for an unpermitted ADU or an unpermitted JADU that was constructed before January 1, 2020, due to either of the following: (a) The ADU or JADU is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (b) The ADU or JADU does not comply with Article 1 (Commencing with Section 66310) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code, as applicable, this Section 9279 or any local ordinance regulating ADUs or JADUs. 2. The City may deny a permit for an ADU or JADU subject to Subsection (1) above if it makes a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the Health and Safety Code. 3. This Section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code. Section 12. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby amended to revise the definitions of “ADU, Statewide Exemption” and “ADU, Junior”, and adding a new definition of “Livable Space” to read as follows: Docusign Envelope ID: 14840D49-38A7-8FE6-827D-B191E0B73C32 _____________________ Ordinance No. 1578 Page 10 of 12 “ADU, Statewide Exemption" or "Statewide Exemption ADU” means the four categories of ADUs or JADUs that are created pursuant to Government Code § 66323 including (1) one converted ADU and JADU per single-family lot as described in Government Code § 66323(a)(1), (2) one detached. ADU per single -family lot as described in Government Code § 66323(a) (2), (3) one or more converted ADUs on multifamily lots as described in Government Code § 66323(a)(3), and (4) one or more detached ADUs on multifamily lots as described in Government Code § 66323(a)(4). “Livable Space” means a space in a dwelling intended for human habitation, including, living, sleeping, eating, cooking, or sanitation. "ADU, Junior", "Junior Accessory Dwelling Unit" or "JADU" means a unit that is no more than 500 square feet of interior livable space in size and contained entirely within the walls of a proposed or existing single-family residence, including attached garages. A JADU may include separate sanitation facilities or may share sanitation facilities with the single-family residence. SECTION 13. Effective Date. This Ordinance shall take effect on the 31st day after its adoption. The City Clerk or his or her duly appointed deputy shall certify to the adoption of the Ordinance and cause this Ordinance to be published as required by law. SECTION 14. CEQA Exemption. The City Council finds that the proposed Ordinance is statutorily exempt from the California Environmental Quality Act (“CEQA”; Cal. Pub. Resources Code Section 21000 et seq.) pursuant to Public Resources Code Section 21080.17, as the proposed amendments i mplement the provisions of California Government Code Sections 66314 and 66333. SECTION 15. Severability. If any section, sub-section, clause or phrase in this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Tustin hereby dec lares that it would have adopted this Ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences , clauses, phrases, or portions be declared invalid or unconstitutional. Docusign Envelope ID: 14840D49-38A7-8FE6-827D-B191E0B73C32 _____________________ Ordinance No. 1578 Page 11 of 12 PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 4th day of August, 2026. ______________________________ AUSTIN LUMBARD, Mayor ATTEST: ___________________________ ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: ___________________________ DAVID E. KENDIG, City Attorney Docusign Envelope ID: 14840D49-38A7-8FE6-827D-B191E0B73C32 _____________________ Ordinance No. 1578 Page 12 of 12 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1578 I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify: (1) that the full title of the above and foregoing Ordinance No. 1578 was included on the City Council’s published agendas for its meetings on the 21st day of July 2026, the 4th day of August 2026; (2) that a copy of the full ordinance was made available to the public online and in print at the meeting prior its passage; (3) that the whole number of the members of the City Council of the City of Tustin is five; and (4) that the ordinance was duly and regularly introduced at the regular meeting of the City Council held on the 21st day of July 2026 and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 4th day of August 2026, by the following vote: COUNCILMEMBER AYES: Lumbard, Schnell, Gallagher, Fink, Nielsen (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) COUNCILMEMBER RECUSED: (0) ______________________ ERICA N. YASUDA, City Clerk Docusign Envelope ID: 14840D49-38A7-8FE6-827D-B191E0B73C32